15 CFR 700.21 - Application for priority rating authority.

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§ 700.21 Application for priority rating authority.

(a) For projects believed to maximize domestic energy supplies, a person may request priority rating authority for scarce, critical, and essential supplies of materials, equipment, and services (related to the production of materials or equipment, or the installation, repair, or maintenance of equipment) by submitting a request to the

Department of Energy
. Further information may be obtained from the
Department of Energy
, Office of
Electricity Delivery and Energy Reliability
, 1000 Independence Avenue SW., Washington, DC 20585.

(b) If the

Department of Energy
notifies the
Department of Commerce
that the project maximizes domestic energy supplies and that the materials, equipment, or services are critical and essential, the
Department of Commerce
will determine whether the items in question are scarce, and, if they are scarce, whether there is a need to use the priorities authority.

(1) Scarcity implies an unusual difficulty in obtaining the materials, equipment, or services in a time frame consistent with the timely completion of the energy project. In determining scarcity, the

Department of Commerce
may consider factors such as the following:

(i) Value and volume of material or equipment shipments;

(ii) Consumption of material and equipment;

(iii) Volume and market trends of imports and exports;

(iv) Domestic and foreign sources of supply;

(v) Normal levels of inventories;

(vi) Rates of capacity utilization;

(vii) Volume of new orders; and

(viii) Lead times for new orders.

(2) In finding whether there is a need to use the priorities authority, the

Department of Commerce
may consider alternative supply solutions and other measures.

(c) After the

Department of Commerce
has conducted its analysis, it will advise the
Department of Energy
whether the two findings have been satisfied. If the findings are satisfied, the
Department of Commerce
will authorize the
Department of Energy
to grant the use of a priority rating to the applicant.

(d) Schedule I to this part includes a list of approved programs to support the maximization of domestic energy supplies. A

Department of Energy
regulation setting forth the procedures and criteria used by the
Department of Energy
in making its determination and findings is published in 10 CFR part 216.

[ 79 FR 47567, Aug. 14, 2014]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Presidential Documents

Executive Order ... 12656

Executive Order ... 12742

Executive Order ... 12919

Executive Order ... 13286

Title 15 published on 14-Nov-2018 03:49

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 15 CFR Part 700 after this date.

  • 2016-02-29; vol. 81 # 39 - Monday, February 29, 2016
    1. 81 FR 10083 - Updated Legal Authority Citations
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, Bureau of Industry and Security
      Final rule.
      The rule is effective February 29, 2016.
      15 CFR Parts 700, 701, 702, 705, 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 747, 748, 750, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772, and 774